Crp.No.83 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 04.02.2025 CORAM THE HONOURABLE MS.JUSTICE P.T.ASHA C.R.P.No.83 of 2025 C.M.P.No.754 of 2025 1.Markandan 2.Sankar ...Petitioners Vs. 1.Nagarajan 2.Sakthivel 3.Shanmugam ...Respondents PRAYER: Civil Revision Petition filed under Article 227 of the Constitution of India, pleased to set aside the order and decreetal order passed by the learned II Additional District Munsif Court, Kallakurichi made in I.A.No.1090 of 2024 in O.S.No.179 of 2021 dated 24.09.2024. For Petitioner : Mr.V.Gunasekar For Respondent : M/s.R.Poornima M.Miruthula counsel caveator for R2 1/6 https://www.mhc.tn.gov.in/judis Crp.No.83 of 2025 ORDER (Parties are referred to in the same ranking as before the trial court) Challenging the dismissal of the application for appointing an Advocate Commissioner, the plaintiff is before this Court. 2.The plaintiff has filed the suit for the following relief:- 1/ 1k; vjph;thjp. 2k; vjph;thjpf;F fle;j 03/04/2017 njjpapl;l fpiuag;gj;jpuk; bry;yj;jf;fjy;y (Null and void) vd tpsk;g[if bra;a ntz;oa[k;. 2/ 2k; vjph;thjpf;Fk;. 3k; vjph;thjpf;Fk; Vw;gl;l 24/02/2021 kw;Wk; 11/08/2021 njjpfspl;l ,uz;L tpw;fpiwa cld;gof;iffs; bry;yj;jf;fjy;y ((Null and void) vd tpsk;g[if bra;a ntz;oa[k;. 3/ 5 Kjy; 7 vjph;thjpfs; 03/04/2017 njjpapl;l fpiuag;gj;jpuj;jpy; fz;Ls;s brhj;jpw;F g[jpjhf tiuglk; kw;Wk; gl;lh nghd;witfs; bry;yj;jf;fjy;y ((Null and void) vd tpsk;g[if bra;a ntz;oa[k;. 4/ 2 kw;Wk; 3k; vjph;thjpfs; 8k; vjph;thjpapd; mYtyfj;jpy; Vw;gLj;jpf;bfhz;l 21/01/2021 kw;Wk; 11/08/2021 fz;l tpw;fpiua cld;gof;iffspy; Fwpg;gpl;Ls;s brhj;Jf;fis 3k; vjpthjpf;nfh my;yJ mtuJ Kfth;fSf;nfh ,t;tHf;F Koa[k; cWj;Jf;fl;lis gpwg;gpf;f ntz;oa[k;/ 2/6 https://www.mhc.tn.gov.in/judis Crp.No.83 of 2025 3.That being the case, the plaintiff has come forward with an interlocutory application for appointing an Advocate Commissioner. In the affidavit filed in support of the application the petitioner would submit that in the counter claim filed by the defendant the measurements and boundaries of the suit property has been wrongly given and they are attempting to claim title on a property over which they have no right. That apart, the description of the property in the counter claim and the property on site are totally different. In order to verify the same, it was necessary to appoint an Advocate Commissioner. 4.The second defendant had filed a counter wherein he would state that the application is nothing but an attempt to create evidence, since the plaintiff does not have any document in respect of the suit property with him. They would also submit that the application for appointing an Advocate Commissioner has no bearing to the relief claimed. The learned II Additional District Munsif, Kallakurichi, by order dated 24.09.2024 dismissed the said application stating that the Advocate Commissioner has no bearing on the relief that has been claimed by the petitioner. Aggrieved by the same, the plaintiff is before this Court. 3/6 https://www.mhc.tn.gov.in/judis Crp.No.83 of 2025 5.Heard the learned counsel for the petitioner and the Caveator. 6.As extracted supra, the relief that has claimed is for setting aside the certain sale deeds and for an injunction. The Advocate Commissioner is sought to be appointed to note down the difference in the property as described in the document of the defendant as available on site. This request has no bearing to the relief claimed or issues involved. The learned Judge has rightly dismissed the application and I see no reason to interfere with the reason. Accordingly, the Civil Revision Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. 04.02.2025 ep Index : Yes/No Internet : Yes/No Speaking Order/Non Speaking Order 4/6 https://www.mhc.tn.gov.in/judis Crp.No.83 of 2025 To II Additional District Munsif Court, Kallakurichi 5/6 https://www.mhc.tn.gov.in/judis Crp.No.83 of 2025 P.T.ASHA, J., ep C.R.P.No.83 of 2025 C.M.P.No.754 of 2025 04 .02.2025 6/6 https://www.mhc.tn.gov.in/judis